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(영문) 춘천지방법원 2020.09.29 2020구합50551
조정금부과처분
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. Around 2017, the Defendant performed the cadastral resurvey project with respect to the parcel of 51 Won Won-gun, Gangwon-do.

B. According to the Defendant’s cadastral resurvey project, the boundary of Hanwon-gun C, D, and E (hereinafter collectively referred to as “instant land”), which is the land owned by the Plaintiff, was determined, and the boundary was determined as is because the Plaintiff did not raise any objection, and the cadastral record of the Plaintiff’s land was changed as below.

The sum of 10,407,574.5,574,100 the sum of 3,496.0 F prior to 8,496.0 E, 3,741.8,10,000,000,000,000,000,000,000

C. On April 11, 2019, the Defendant notified the Plaintiff of the payment of KRW 111,603,950 to the amount of adjustment according to the increase in the area of the Plaintiff’s land in the cadastral record, and the Plaintiff raised an objection against the adjustment amount on May 13, 2019.

On July 24, 2019, the Crossing Military Cadastral Resurvey Committee passed a resolution on July 24, 2019 that the appraisal will be conducted again to calculate the adjustment amount for the land owned by the plaintiff, and the defendant requested G Co., Ltd. to appraise the adjustment amount for the land owned by the plaintiff on August 5, 2019.

E. On August 27, 2019, G Co., Ltd. calculated the appraised value of the instant land at KRW 59,000 for land C, KRW 56,00 for land D, KRW 25,00 for land E, and KRW 27,00 for land F, and responded to the Defendant.

F. Based on the unit price of G Co., Ltd., the Defendant calculated an adjustment amount of KRW 108,664,100 for the increase or decrease in the size of the instant land, and notified the Plaintiff of the payment of KRW 108,664,100 for the instant land on December 2, 2019.

(hereinafter referred to as "disposition of this case"). [The grounds for recognition: Facts without dispute, Gap's 1 through 3, Eul's 1 through 3, and Eul's 5 through 8, the purport of the whole pleadings and arguments]

2. Whether the instant disposition is lawful.

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